LEGALLY REVIEWED BY
Michael Hersh and Ian Kirtman, Trial Attorneys
October 12, 2023
Attorneys Michael Hersh and Ian Kirtman are experienced personal injury attorneys who have won their clients more than $100 million in verdicts and settlements throughout their 30 years of experience.
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In surgical procedures, it is crucial to understand the clear distinction between surgical complications and surgical errors. While both terms denote undesired outcomes in surgery, they have distinct implications and origins. Understanding these differences is essential for patients, healthcare professionals, and legal representatives.
At Hersh Kirtman Injury Law, we recognize the importance of clarity and open communication in medical malpractice cases. Our experienced team understands the intricacies of surgical complications as compared to surgical errors, and the legal implications of both. Our dedicated attorneys are well-versed in medical negligence law and can provide you with the guidance and advocacy you need.
Understanding the Distinction: Surgical Complications vs. Surgical Errors
The possibility of complications or errors in any surgical procedure often causes anxiety and concern for patients. Should a patient suffer a traumatic and negative outcome following a surgery, understanding the distinction between surgical complications and surgical errors is essential to understanding your legal rights and determining the best course of action going forward.
Defining Surgical Complications
Surgical complications refer to unexpected events or outcomes that can occur during or after a surgical procedure. These complications can arise due to various factors, including patient-specific characteristics, the complexity of the procedure, pre-existing medical conditions, or even external factors beyond the surgeon’s control. It’s important to note that not all complications are considered surgical errors. Complications can arise despite the surgeon following proper medical guidelines and performing the procedure correctly.
Common types of surgical complications include:
- Infections: Surgical site infections can occur after an operation, leading to pain, delayed wound healing, or systemic infections.
- Bleeding: Excessive bleeding during or after surgery can pose risks, potentially requiring blood transfusions or additional interventions.
- Adverse reactions: Some patients may experience allergic reactions to anesthesia, medications, or surgical materials.
- Organ damage: During complex procedures, inadvertent damage to nearby organs or tissues can occur, necessitating additional repairs or interventions.
- Blood clots: Surgery can increase the risk of blood clots, potentially leading to deep vein thrombosis (DVT) or pulmonary embolism.
- Nerve injury: Nerves can be unintentionally damaged during surgery, resulting in temporary or permanent loss of sensation, weakness, or paralysis.
These outcomes may result from a complication despite the surgeon following the appropriate standard of care. Complications can occur despite proper medical care, while errors are preventable mistakes that can lead to adverse outcomes. These outcomes, however, may also result from surgical error, where the surgeon did not meet the appropriate standard of care.
Understanding Surgical Errors
Surgical errors can result from various factors, including miscommunication, technical mistakes, negligence, or a lack of adherence to established protocols.
Examples of surgical errors include:
- Wrong-site surgery: Operating on the wrong side or wrong area of the body, which can be caused by miscommunication or inadequate verification processes.
- Surgical instrument or sponge retention: Leaving surgical instruments or sponges inside the patient’s body can cause infections, pain, or other complications.
- Medication errors: Administering the wrong medication, incorrect dosage, or administering medication to a patient with known allergies.
- Anesthesia-related errors: Incorrect administration of anesthesia, leading to complications or adverse reactions.
- Lack of informed consent: Failing to adequately inform the patient about the risks, benefits, and alternatives of the procedure, as well as obtaining their informed consent.
- Poor surgical technique: Performing a surgery in an inappropriate way, leading to any number of problems, such as nerve damage, infection, bleeding, or other harm.
The key distinction between surgical complications and surgical errors lies in their preventability and the underlying cause. Surgical complications, although undesired, can occur despite a surgeon’s best efforts and adherence to established medical standards. On the other hand, surgical errors are avoidable and often arise due to mistakes, oversights, or negligence within the surgical team or healthcare system.
Contact an Experienced Medical Malpractice Attorney Today
Distinguishing between surgical complications and surgical errors is crucial in understanding the nuances of medical malpractice cases. Surgical complications can arise despite the surgeon’s best efforts, while surgical errors are preventable and result from mistakes or negligence. By recognizing these differences, patients can better comprehend their rights and seek appropriate legal recourse when facing harm due to medical negligence.
At Hersh Kirtman Injury Law, we are committed to protecting the rights of those who have suffered from surgical errors. Our skilled attorneys have extensive experience in medical malpractice cases and a deep understanding of the complex legal landscape surrounding surgical complications and errors. Remember, you don’t have to face this difficult situation alone—let Hersh Kirtman Injury Law be your trusted legal ally in pursuing justice and securing the compensation you deserve. Contact us today to schedule a consultation by calling (561) 208-3700 or filling out our contact form.
